Firefighter who pleaded guilty in fatal wreck appeals discipline

Published: Sunday, June 8, 2008 at 8:00 a.m.

Last Modified: Saturday, June 7, 2008 at 11:34 p.m.

HOUMA -- A Bayou Cane firefighter who pleaded guilty to careless operation in the February on-duty wreck that killed a Houma cab driver is challenging the two-shift suspension given to him as punishment by Fire Chief Jerry Gautreaux.

In a letter to the Bayou Cane Fire Districtís nascent Civil Service Board, Fire Capt. Cody Hebert says Gautreaux waited three months to mete the discipline, a violation of the Louisiana Fire Service Bill of Rights, the set of state laws establishing certain safeguards and protections for all firefighters, whether they are civil-service employees or not.

The law says investigations of firefighters must be completed in 60 days, "including the conducting of any pre-disciplinary hearing or conference."

The Civil Service Board has scheduled a hearing on Hebertís complaint for 5 p.m. Thursday at the departmentís headquarters, 6166 West Main St.

Several attempts to reach Hebert for direct comment Friday were unsuccessful. A message left on Hebertís cell phone Saturday was not returned.

According to Hebertís letter, Gautreaux initially told the 23-year-old firefighter that the only disciplinary action to be taken would be paying 10 percent of the deductible on the rescue truck he wrecked in the Feb. 15 crash, which killed 55-year-old Percy Malbrough, a driver for Houma-based Tommyís Taxi.

Malbrough had pulled into the Quick Zone gas station on West Tunnel Boulevard shortly before 6:40 p.m. to make change for his passenger. He was attempting to make a right turn from the gas stationís driveway onto West Tunnel Boulevard when the rescue truck went off the road and smashed into the cabís driverís side. Malbrough was pronounced dead at the scene.

His passenger, Sheila Henry, was also injured, though her life was likely saved by the fact that she was riding in the back passenger side of the car and was wearing her seat belt, State Police said. Neither Hebert nor his passenger, 21-year-old firefighter Adam Schmitt, were hurt.

Hebert was incorrectly identified as a lieutenant in earlier Courier reports, based on outdated information on the Fire Departmentís Web site.

State Police cited Hebert with careless operation, and he pleaded guilty April 22 in Terrebonne District Court. He paid a $250 fine, plus about $109 in court costs, according to his letter to the Civil Service Board.

Two weeks after the crash, Hebert, in his letter, says he met with Gautreaux, who allegedly told him he would have to pay 10 percent of the deductible on the truck -- $100 -- or be suspended, per department policy. Hebert paid the $100.

"From that point I thought that was the end of the action to be taken," Hebert wrote.

However, Hebert and Gautreaux met two other times, including once after his guilty plea when Gautreaux told him he would also have to be suspended because of "questions and concerns being brought up" by a Civil Service Board member, the letter states.

Gautreaux proposed three shifts off, or 96 hours without pay, but Hebert felt that was too harsh and that "maybe one shift would be enough" since he had never been written up for an infraction before. Gautreaux offered a two-shift suspension, which the chief says Hebert accepted.

In the letter, however, Hebert says two shifts without pay was overly punitive.

"I felt that being suspended for two shifts for a first offense of anything is uncalled for," he wrote.

Hebert is also protesting the punishment because Gautreaux said he would not be able to use vacation days to serve the suspension, as the chief has allowed for other suspended employees.

"I felt that this was unfair that favors could be done for some employees and not for others," the letter says. "My biggest complaint is that I am being suspended for two shifts which will cost me over $600 off my regular paycheck plus the $100 that had already been taken from me."

The fire chief said he waited first for a State Police investigation into the crash, completed about three weeks after the fatal wreck, and then for Hebert to plead guilty before determining how the firefighter should be disciplined.

"I held off on disciplining him until he went to court and he stood before a judge," Gautreaux said. "The next week I called him in and said ŽThis is the reprimand you have to take.í "

Hebert is lucky to still have a job, Gautreaux said.

"In retrospect, I should have just went ahead and fired him," Gautreaux said, adding that he would have been well within is rights to terminate Hebert for cause. "I should be enforcing the rules. Firefighters want the rules enforced."

However, Gautreaux said administrators of fire departments need discretion to administer discipline as they see fit.

"I had to consider what the community had invested in him. Other than that accident, heís been a good employee," Gautreaux said, adding that as chief he had to consider the cost of replacing Hebert.

State Examiner Melinda Livingston said Hebert has a right to the appeal. Though civil-service boards usually determine whether discipline has been handed out "in good faith and for cause," if the board finds Hebertís rights were violated, the disciplinary action taken by Gautreaux would be negated.

"If you violate any of the provisions, any disciplinary action will become null and void," she said. "Theyíre almost prohibited from upholding any disciplinary action if itís clear the firefightersí Bill of Rights was not followed."

Thus, at issue during the hearing will be when the 60-day period outlined in the Bill of Rights commenced in Hebertís case, Livingston said.

Gautreaux said he waited for other investigations to conclude out of an abundance of caution because of the severity of the incident.

"What if it had been a mechanical issue" that caused the wreck, Gautreaux asked. "Thatís why it takes time to investigate these things. Ö At what point does the 60-day period start? I had no control over the other investigations."

Meanwhile, Malbroughís sister, Polly Thibodeaux, said the family has lost a half-dozen other relatives since the tragic crash and would like to put the death of her brother, a U.S. Army veteran in the past.

"Weíve had our plate pretty full," she said. "Weíve got to go on with our life. Ö I want to close these chapters. I want to go on. I want to heal."

She expressed little interest in the boardís pending hearing.

"I think theyíre going to make the right decision," Thibodeaux said. "I put it in Godís hands."

Thibodeaux said she has never borne any ill will toward Hebert for the crash.

"I have a son the same age, and I just canít imagine him having to live with that," she said. "Whether itís eating at this boyís conscience or not, I donít know."

Staff Writer Robert Zullo can be reached at 985-850-1150 or robert.zullo@houmatoday.com.

<p>HOUMA -- A Bayou Cane firefighter who pleaded guilty to careless operation in the February on-duty wreck that killed a Houma cab driver is challenging the two-shift suspension given to him as punishment by Fire Chief Jerry Gautreaux.</p><p>In a letter to the Bayou Cane Fire District’s nascent Civil Service Board, Fire Capt. Cody Hebert says Gautreaux waited three months to mete the discipline, a violation of the Louisiana Fire Service Bill of Rights, the set of state laws establishing certain safeguards and protections for all firefighters, whether they are civil-service employees or not.</p><p>The law says investigations of firefighters must be completed in 60 days, "including the conducting of any pre-disciplinary hearing or conference."</p><p>The Civil Service Board has scheduled a hearing on Hebert’s complaint for 5 p.m. Thursday at the department’s headquarters, 6166 West Main St.</p><p>Several attempts to reach Hebert for direct comment Friday were unsuccessful. A message left on Hebert’s cell phone Saturday was not returned.</p><p>According to Hebert’s letter, Gautreaux initially told the 23-year-old firefighter that the only disciplinary action to be taken would be paying 10 percent of the deductible on the rescue truck he wrecked in the Feb. 15 crash, which killed 55-year-old Percy Malbrough, a driver for Houma-based Tommy’s Taxi.</p><p>Malbrough had pulled into the Quick Zone gas station on West Tunnel Boulevard shortly before 6:40 p.m. to make change for his passenger. He was attempting to make a right turn from the gas station’s driveway onto West Tunnel Boulevard when the rescue truck went off the road and smashed into the cab’s driver’s side. Malbrough was pronounced dead at the scene.</p><p>His passenger, Sheila Henry, was also injured, though her life was likely saved by the fact that she was riding in the back passenger side of the car and was wearing her seat belt, State Police said. Neither Hebert nor his passenger, 21-year-old firefighter Adam Schmitt, were hurt.</p><p>Hebert was incorrectly identified as a lieutenant in earlier Courier reports, based on outdated information on the Fire Department’s Web site.</p><p>State Police cited Hebert with careless operation, and he pleaded guilty April 22 in Terrebonne District Court. He paid a $250 fine, plus about $109 in court costs, according to his letter to the Civil Service Board.</p><p>Two weeks after the crash, Hebert, in his letter, says he met with Gautreaux, who allegedly told him he would have to pay 10 percent of the deductible on the truck -- $100 -- or be suspended, per department policy. Hebert paid the $100.</p><p>"From that point I thought that was the end of the action to be taken," Hebert wrote.</p><p>However, Hebert and Gautreaux met two other times, including once after his guilty plea when Gautreaux told him he would also have to be suspended because of "questions and concerns being brought up" by a Civil Service Board member, the letter states.</p><p>Gautreaux proposed three shifts off, or 96 hours without pay, but Hebert felt that was too harsh and that "maybe one shift would be enough" since he had never been written up for an infraction before. Gautreaux offered a two-shift suspension, which the chief says Hebert accepted.</p><p>In the letter, however, Hebert says two shifts without pay was overly punitive.</p><p>"I felt that being suspended for two shifts for a first offense of anything is uncalled for," he wrote.</p><p>Hebert is also protesting the punishment because Gautreaux said he would not be able to use vacation days to serve the suspension, as the chief has allowed for other suspended employees.</p><p>"I felt that this was unfair that favors could be done for some employees and not for others," the letter says. "My biggest complaint is that I am being suspended for two shifts which will cost me over $600 off my regular paycheck plus the $100 that had already been taken from me."</p><p>The fire chief said he waited first for a State Police investigation into the crash, completed about three weeks after the fatal wreck, and then for Hebert to plead guilty before determining how the firefighter should be disciplined.</p><p>"I held off on disciplining him until he went to court and he stood before a judge," Gautreaux said. "The next week I called him in and said ŽThis is the reprimand you have to take.’ "</p><p>Hebert is lucky to still have a job, Gautreaux said.</p><p>"In retrospect, I should have just went ahead and fired him," Gautreaux said, adding that he would have been well within is rights to terminate Hebert for cause. "I should be enforcing the rules. Firefighters want the rules enforced."</p><p>However, Gautreaux said administrators of fire departments need discretion to administer discipline as they see fit.</p><p>"I had to consider what the community had invested in him. Other than that accident, he’s been a good employee," Gautreaux said, adding that as chief he had to consider the cost of replacing Hebert.</p><p>State Examiner Melinda Livingston said Hebert has a right to the appeal. Though civil-service boards usually determine whether discipline has been handed out "in good faith and for cause," if the board finds Hebert’s rights were violated, the disciplinary action taken by Gautreaux would be negated.</p><p>"If you violate any of the provisions, any disciplinary action will become null and void," she said. "They’re almost prohibited from upholding any disciplinary action if it’s clear the firefighters’ Bill of Rights was not followed."</p><p>Thus, at issue during the hearing will be when the 60-day period outlined in the Bill of Rights commenced in Hebert’s case, Livingston said.</p><p>Gautreaux said he waited for other investigations to conclude out of an abundance of caution because of the severity of the incident.</p><p>"What if it had been a mechanical issue" that caused the wreck, Gautreaux asked. "That’s why it takes time to investigate these things. At what point does the 60-day period start? I had no control over the other investigations."</p><p>Meanwhile, Malbrough’s sister, Polly Thibodeaux, said the family has lost a half-dozen other relatives since the tragic crash and would like to put the death of her brother, a U.S. Army veteran in the past.</p><p>"We’ve had our plate pretty full," she said. "We’ve got to go on with our life. I want to close these chapters. I want to go on. I want to heal."</p><p>She expressed little interest in the board’s pending hearing.</p><p>"I think they’re going to make the right decision," Thibodeaux said. "I put it in God’s hands."</p><p>Thibodeaux said she has never borne any ill will toward Hebert for the crash.</p><p>"I have a son the same age, and I just can’t imagine him having to live with that," she said. "Whether it’s eating at this boy’s conscience or not, I don’t know."</p><p>Staff Writer Robert Zullo can be reached at 985-850-1150 or robert.zullo@houmatoday.com.</p>